Pat Buckley (Cork East, Sinn Fein) | Oireachtas source

I thank Mr. Justice Mahon for his opening statement. As many of the issues have been already covered, I will be brief. In his opening statement, Mr. Justice Mahon mentioned that the section 114 process is limited. I heard some of his earlier comments and responses. We have engaged with a number of ombudspersons over the past 12 months. In fairness, they are exemplary in their work. The Office of the Ombudsman for the Defence Forces appears to have less power. In section 3 of his opening statement Mr. Justice Mahon mentioned the possibility of sexual or inappropriate behaviour and that he does not have the powers to investigate in that regard. I note he suggested that section 4 of the 2004 Act be amended to include these additional categories. We will certainly look at that. As I said, ombudsman offices are extremely important. They are vital. If the Office of the Ombudsman for the Defence Forces does not have the powers to investigate, it is up against a brick way straight away. The committee will certainly look into that matter.

I have two questions. I refer to the Trade Union (An Garda Síochána and Defence Forces) Bill 2017 in regard to union representation and greater say within those organisations. I would welcome Mr. Justice Mahon's opinion on those organisations getting that representation.

There is another issue that is very close to my heart, which I have dealt with previously in regard to the Defence Forces, namely, death through suicide. I recall that a number of years ago I tabled many parliamentary questions on this matter. Mr. Justice Mahon and his office probably met some bit of resistance or choice words. Unfortunately, the individual died on site. I found out that it was not deemed suicide. It was called alleged discharge. The Army does not determine how a death occurs. That is the job of the coroner. The body of the unfortunate person, therefore, is removed from the premises. It is no longer on site, but in the coroner's office. The coroner decides whether the person died by suicide. Has Mr. Justice Mahon come across any other incidences within any of the Defence Forces in regard to these issues? It is not about who is hiding it. We are trying to facilitate members of all of our Defence Forces. While they do an amazing job, they seem to be fairly restricted in themselves. Following on from Mr. Justice Mahon's opening remarks it appears that as the ombudsman for those services, he is extremely restricted in terms of what he can do. If members and the ombudsman cannot communicate, it is going to be very difficult to help each other.